False claims by a co worker

[slosh]

What is the name of your state (only U.S. law)? Il

This may be in the wrong section because i am not yet fired, sorry if so. A younger girl i work with called my corporate office and claimed i threatened her and chased her to her car. I never lost my temper yelled or had any kind of outwardly emotion's and if any thing she was doing the yelling and causing a seen. After being yelled at twice and not really saying any thing wrong i figured when she left i would go smoke a cigaret and try to be the bigger person and just tell her i was sorry for what ever i might have did to avoid any further problem's at work.

Every thing was on camera, though i don't think i can get it at this point.There was some one outside that i don't think she noticed that will be a witness for me. I didn't chase her to her car and i have had a manager tell me that was one of the thing's she was claiming. I was sent home for the last day of that week and told corporate would contact me. I waited all that week and they never called so i contacted my gm and he called cooperate, eventually he called me back and said i could work for now but not with her. I was able to work one day that week and am now getting about half the hour's i had before.

It's going on the second week with nobody hearing my side of the story and being punished for some thing i didn't do while she get's the same hour's and she was the one yelling and causing a seen. I would rather not seek any legal action towards my work if not necessary but was wondering where my standing was there. Mostly i would like to know if i have any chance of taking her to small claim's court and sue her for any lost wage's. Thank's for any advise in advance.

 

[Antigone*]

What is the name of your state (only U.S. law)? Il

This may be in the wrong section because i am not yet fired, sorry if so. A younger girl i work with called my corporate office and claimed i threatened her and chased her to her car. I never lost my temper yelled or had any kind of outwardly emotion's and if any thing she was doing the yelling and causing a seen. After being yelled at twice and not really saying any thing wrong i figured when she left i would go smoke a cigaret and try to be the bigger person and just tell her i was sorry for what ever i might have did to avoid any further problem's at work.

Every thing was on camera, though i don't think i can get it at this point.There was some one outside that i don't think she noticed that will be a witness for me. I didn't chase her to her car and i have had a manager tell me that was one of the thing's she was claiming. I was sent home for the last day of that week and told corporate would contact me. I waited all that week and they never called so i contacted my gm and he called cooperate, eventually he called me back and said i could work for now but not with her. I was able to work one day that week and am now getting about half the hour's i had before.

It's going on the second week with nobody hearing my side of the story and being punished for some thing i didn't do while she get's the same hour's and she was the one yelling and causing a seen. I would rather not seek any legal action towards my work if not necessary but was wondering where my standing was there. Mostly i would like to know if i have any chance of taking her to small claim's court and sue her for any lost wage's. Thank's for any advise in advance.

Legal action for what? Nothing illegal has taken place. My suggestion to you is to file for unemployment benefits and start looking for a new job.

 

[Zigner]

Legal action for what? Nothing illegal has taken place. My suggestion to you is to file for unemployment benefits and start looking for a new job.

While I don't disagree with you necessarily - the OP can sue for defamation in IL small claims court.

 

[slosh]

What is the name of your state (only U.S. law)? Il

This may be in the wrong section because i am not yet fired, sorry if so. A younger girl i work with called my corporate office and claimed i threatened her and chased her to her car. I never lost my temper yelled or had any kind of outwardly emotion's and if any thing she was doing the yelling and causing a seen. After being yelled at twice and not really saying any thing wrong i figured when she left i would go smoke a cigaret and try to be the bigger person and just tell her i was sorry for what ever i might have did to avoid any further problem's at work.

Every thing was on camera, though i don't think i can get it at this point.There was some one outside that i don't think she noticed that will be a witness for me. I didn't chase her to her car and i have had a manager tell me that was one of the thing's she was claiming. I was sent home for the last day of that week and told corporate would contact me. I waited all that week and they never called so i contacted my gm and he called cooperate, eventually he called me back and said i could work for now but not with her. I was able to work one day that week and am now getting about half the hour's i had before.

It's going on the second week with nobody hearing my side of the story and being punished for some thing i didn't do while she get's the same hour's and she was the one yelling and causing a seen. I would rather not seek any legal action towards my work if not necessary but was wondering where my standing was there. Mostly i would like to know if i have any chance of taking her to small claim's court and sue her for any lost wage's. Thank's for any advise in advance.

It was meant more of a question, i was more looking for a way to push to get my hour's back witch i think i will eventually any way.

 

[slosh]

Legal action for what? Nothing illegal has taken place. My suggestion to you is to file for unemployment benefits and start looking for a new job.

"While I don't disagree with you necessarily - the OP can sue for defamation in IL small claims court."



You do mean against her correct? Thanks for the help.

 

[Zigner]

It was meant more of a question, i was more looking for a way to push to get my hour's back witch i think i will eventually any way.

How is threatening to sue the other party going to convince the company to give you more hours?

The company is well within their rights to let you go over this matter. Your recourse would be to apply for unemployment.

 

[slosh]

I was wondering if there is any time limit for them to come to a conclusion and or call me and get my side. Separate that and me suing her and you might understand what i meant.

 

[slosh]

Also they are giving me just enough hour's to not be eligible for unemployment.

 

[Zigner]

Also they are giving me just enough hour's to not be eligible for unemployment.

The employer is doing nothing wrong.

 

[Zigner]

I was wondering if there is any time limit for them to come to a conclusion and or call me and get my side. Separate that and me suing her and you might understand what i meant.

There is no legal requirement for them to "get your side."

 

[slosh]

Thanks for your input.

 

[swalsh411]

Well then your options appear to be look for another part time job or look for a full time job.

 

[slosh]

My original concern's would be more leaning towards suing her for defamation of character and recovering lost wage's. I might have posted in the wrong area as i mentioned in the original post. I know my employer is mostly doing what they have to in order to protect them self's. Also i think they realize it is bs and will be sweep under the rug shortly so no need to worry about hour's for the moment. Just want to recover what i lost.

 

[swalsh411]

So you admit you had some sort of altercation/confrontation with this girl in the parking lot? If so, sounds like she is just telling her her side of the story.

Now if she claimed you slashed her tires, or grabbed her breast, or something more concrete, then you would have a much better chance of proving her statements false. But if all she is saying is that she felt threatened by you then that is not defamation. You have no idea how she felt. The same incident can be seen by multiple people in many different ways.

 

[commentator]

In the first place, how in the world do you think you would be able to prove in small claims court that the employer's reduction of your hours was a direct result of your co worker's actions? In this labor climate, and with the laws as they are regarding employer behavior, there is no requirement whatsoever that they give you full time, or give you fairness, or let you tell your side of the story, or that they do not treat you unfairly. They can always say it was a business related need, that someone's hours needed to be cut, and you were selected. WHY you were selected for hours reduction is no one else's concern. You could never show that your co worker's "seen" was the reason they decided to cut your hours. They may not like you or be angry with you for some other reason.

Besides, this would in the first place, be somewhat costly, and in the second place, would waste more of your and your co worker's time, and you can bet that you would find yourself without your hours increased, but instead, flat fired, because the employer wanted to fire you. And it would be perfectly legal for them to do so. You might qualify for unemployment, but your job would be gone, regardless of whether you prevailed in small claims court, which would not ever be much money, even if you did collect it.